Legal Reform News Daily 9/2012
Debate over whether a company should disclose a potential bribery problem to the government has been a topic of discussion for years. It always revolved around one question: Does it help a firm avoid a stiffer penalty in the end?
To read more about it click the link below:
A Wisconsin man went hunting last fall hoping to take out Bambi’s mom but instead his thumb became the only casualty of the outing. Let’s talk specific. In November, Cyril Korte found himself deer hunting with a TenPoint Phantom crossbow he purchased at a Cabela’s Retail Store in 2009. Unfortunately for Mr. Kote, as he fired the crossbow, he stuck his thumb in the path of the bow string, which is a major no-no. Weiterlesen
On May 4, 2012, a United States District Court in New York, held that Credit rating agencies may have a duty under New York law to give accurate ratings to subprime-mortgage-backed securities targeted for sale to to a select group of buyers in private placements. Weiterlesen
Politically, California and Texas are worlds apart. Despite their blue state, red state ideological differences, the residents within those states share the common goals of robust job creation and a vibrant economy. The stories of these two states, however, are remarkably different.
The Washington Times:
As most readers of this blog know, I am a recovering trial lawyer. I almost always acted as defense counsel for corporations in my trial lawyer career. In the trial lawyer world, there are four recognized defenses to any claim which are affectionately known as the “Dog Bite Defenses”. They are:
- My dog didn’t bite you.
- Even if my dog did bite you, it’s because you provoked him.
- Even if my dog did bite you, you really aren’t injured.
- My dog didn’t bite you because I don’t have a dog. Weiterlesen
A woman 
has sued the Texas School for the Deaf, contesting its policy of keeping airline travel perks earned when students, including her daughter, fly.
The state-supported boarding school serves deaf students from across Texas and pays for airline tickets for those who live far away to fly home each weekend. School officials say they have the right to pool bonus points earned to offset some travel expenses, such as paying for chaperones to fly with students. Weiterlesen
‘We are not interested in that sort of case. We are interested in hearing that a large company has mysteriously come second in bidding for a big contract. The sort of bribery we would be investigating would not be tickets to Wimbledon or bottles of champagne. We are not the “serious champagne office”.’ Weiterlesen
National Law Review 9/2012, betreffend der sich in vielen US (und internationalen) Patentlizenzverträgen findende Passus, wonach sich der Lizenznehmer verpflichtet, das ihm nur Nutzuung eingeräumte Patent nicht als z.B. unwirksam anzugreifen. Eine derartige Nichtangriffsklausel hat ein US Gericht als unwirksam eingestuft. Dies ist eine Entscheidung im Vertragsrecht von Bedeutung für auch zwischen deutschen und US-Firmen geschlossene Lizenzverträge.
Addressing contracts law in the context of patent licensing, the U.S. Court of Appeals for the Second Circuit held that a provision of a patent license purporting to bar future challenges to the validity of the licensed patent is unenforceable. Rates Tech. Inc. v. Speakeasy Inc. et al., Weiterlesen
As reported by Karin Matussek of Bloomberg News yesterday three former Hewlett-Packard (HP) managers were charged in Germany in a corruption investigation over improper payments made to win a €35 million ($45 million) sale of computers to Russia about nine years ago. Weiterlesen
